Analysis

9th Circ. Ruling Hints At Bumpy Road For Water Rule Redo

Law360, New York (December 1, 2017, 7:58 PM EST) -- A recent Ninth Circuit ruling on the federal government's enforcement power under the Clean Water Act showcased some of the legal obstacles that may confront the Trump administration as it crafts a replacement to the Obama administration's soon-to-be-rescinded "waters of the U.S." rule.

U.S. Environmental Protection Agency Administrator Scott Pruitt has made one of his top priorities rescinding the Obama administration's Clean Water Rule, which aimed to clarify exactly what constitute waters of the United States, the CWA term that outlines the federal government's permitting jurisdiction.

Speaking to the Kentucky Farm Bureau in Louisville on Thursday, Pruitt repeated his frequent refrain...

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